OTTAWA — A lawyer representing Canadian diplomats and their families believes that mysterious health issues they experienced in Cuba were caused by a foreign adversary. This assertion comes despite a federal government report that refutes the claim.

For eight years, foreign service officials and their dependents have reported symptoms including headaches, memory loss, mood changes, vision problems, nausea, and nosebleeds. A legal case against the Canadian government regarding these health problems is ongoing in Federal Court. The 17 plaintiffs are seeking millions of dollars in damages, alleging that the government failed to protect them, concealed vital information, and minimized the risks involved. The government has denied any negligence or wrongdoing.

Similar health issues have been reported by several U.S. personnel who worked in Cuba, commonly referred to as Havana Syndrome. Various theories have emerged regarding the cause of these ailments, including pesticide exposure, the effects of chirping crickets, malfunctioning surveillance devices, and targeted energy or sonic attacks by a foreign state. However, the Canadian government maintains that it has found no evidence of foreign involvement.

A report from Global Affairs Canada, completed in August 2024, concluded that the unexplained health incidents were not the result of a malicious act by a foreign actor. The report, which relied on an interdepartmental task force and external experts, suggested that pre-existing medical conditions, environmental factors, and conventional illnesses likely contributed to many of the reported symptoms. It also stated that the findings did not undermine the authenticity of the symptoms experienced by the diplomats and their families.

Paul Miller, the lawyer for the plaintiffs, expressed strong confidence that a foreign actor is responsible for the health issues. "I really trust the people that I have spoken with and met with," he said. "I have absolutely no faith in the [Global Affairs Canada] report because they are trying to put out the narrative that works for them."

The plaintiffs filed their court action in 2019, which remains unresolved. In 2020, the parties agreed to appoint a former Supreme Court judge to mediate the claims of nine family members involved in the case. However, Miller noted that mediation talks in early 2023 were unproductive. He has attempted to submit new information, but it is currently classified as confidential due to concerns about sensitive information disclosure under the Canada Evidence Act.

The Global Affairs report outlines the steps taken by federal agencies in response to the health complaints, including security, medical, and environmental assessments. An Integrated National Security Enforcement Team, led by the RCMP, began investigating in June 2017. Officials from Global Affairs and the RCMP regularly traveled to Cuba to explore the possibility of malicious attacks. They also collaborated with foreign partners, including the United States.

In 2019, instruments were installed in the living quarters of Canadian staff in Havana to detect acoustic and radiation surges and measure environmental factors like temperature and humidity. However, the data collected did not yield relevant information to identify a cause for the symptoms, leading to the removal of the instruments in 2022.

The integrated national security team concluded that there was no evidence of criminality or foreign involvement in the health symptoms. The RCMP and other agencies found no known patterns related to symptoms, age, gender, or location.

The U.S. intelligence community also investigated the potential involvement of a foreign adversary. A report from the U.S. National Intelligence Council in March 2023 indicated that most intelligence agencies concluded it was "very unlikely" that a foreign adversary was responsible for the health issues reported by American personnel.

Following these findings, Global Affairs, the Canadian Security Intelligence Service, and the RCMP met to discuss the implications. The RCMP stated that since no criminality was found, its investigation would conclude, and CSIS indicated it would also wrap up its inquiries.

Overall, Canadian investigations have not identified a clear common cause for the symptoms experienced by government employees. The findings align with U.S. conclusions regarding health studies and security reports.

Miller referenced other research and testimonies that contradict the government’s findings. Mark Zaid, a lawyer for several U.S. personnel with similar symptoms, testified in May 2024 that there is intelligence and medical evidence supporting claims of anomalous health incidents caused by a foreign adversary. Zaid, who has access to classified information, stated, "the evidence that exists in the classified arena directly contradicts the public conclusions" provided by U.S. agencies.

Global Affairs Canada stands by its 2024 report. Spokesperson John Babcock stated that the department continues to support the diplomats and their families. He noted that for privacy and security reasons, the department cannot comment on ongoing investigations or specific cases.

Internal notes from Global Affairs indicate that the unexplained health incidents have highlighted challenges in providing responsive healthcare to diplomats and their families during unforeseen crises abroad. The department has initiated a thorough review of its overseas health program for employees and their dependents.